Tommy Hart v. Allan A. Stagner

Tommy Hart appeals the denial of his petition for a writ of habeas corpus. He raises three claims relating to two trials arising out of a single 28-count information: (1) the district court should have reviewed the entire state court record in conducting harmless error analysis of a jury instruction; (2) the instructional error was not harmless; and (3) his Sixth Amendment right to a fair trial was violated because of extensive pretrial publicity that prejudiced the jury. We affirm.

I

On the afternoon of June 30, 1980, Hart and codefendant Larry Clay went to the home of Mrs. Paula H and her husband. The Hs had a sign outside their multistory home advertising a room for rent. Hart and Clay gained admission by telling Mrs. H they wanted to see the room. After looking at the room, Clay produced a gun and demanded money. Hart told Clay to let Mrs. H get the money out of her desk. She pointed to a small cash box, which Hart took. Holding the gun to Mrs. H’s head, Clay pushed her into one of the rooms she had shown them. Hart entered the room and shut the door behind them. Clay stated in crude terms that he was going to sodomize Mrs. H, and then did so. Next, Hart raped Mrs. H while…